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Board Meeting - Can attending members make motions during the open discussion?

Started by HaleyH • 11 replies • 2388 views

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HaleyH (Illinois)
Posts: 67
Posted:
I'm a new Board Member for a small townhome HOA. Our meeting is this week. I get that the Board is 'in control' of the Board meeting, but during the open member time that we are allowing; (with specific time requirements to speak) -- can the Member bring a motion during this time? We could not find any reference to this. Thanks! (Illinois)
KerryL1 (California)
Posts: 14,550
Posted:
The Board's "in control" because it's their meeting. As such, no one else may make motions. Owners attend only as observers. Many bylaws or state laws require that the board have an open forum during which Owners in attendance can ask questions, make comments & requests, etc.

If your HOA is quite small and few owners attend board meetings, the board could vote to decide to permit owners to speak on each agenda item. This actually is a requirement in AZ. Even then, the non-director Owner could not make a motion.
KerryL1 (California)
Posts: 14,550
Posted:
The Board's "in control" because it's their meeting. As such, no one else may make motions. Owners attend only as observers. Many bylaws or state laws require that the board have an open forum during which Owners in attendance can ask questions, make comments & requests, etc.

If your HOA is quite small and few owners attend board meetings, the board could vote to decide to permit owners to speak on each agenda item. This actually is a requirement in AZ. Even then, the non-director Owner could not make a motion.
TimB4 (Tennessee)
Posts: 21,059
Posted:
During open session, the members may encourage the board to make motions. They may pay identify issues and, if known, possible solutions. Unless statute or governing documents prevent it, they may comment on anything they deem relevant.

However, only Directors may make motions, second motions and cast votes at Board meetings (short for Board of Directors meeting).
KerryL1 (California)
Posts: 14,550
Posted:
I'm pretty sure Tim means "Open Forum." Maybe uncommon, but in our HOA the regular open board meeting is called "open session." Owners may not speak during that period. We do have an Open Forum at the beginning and at the end of every open regular meeting.

At the 2nd one, owners, about 1-2 times a year have urged us to reconsider a decision made earlier that evening and we have made that motion and rescinded our earlier decision.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We have what we call a Q&A Session before we call the meeting (Annual or BOD Meeting to order). Only BOD Members are allowed to make Motions.
KerryL1 (California)
Posts: 14,550
Posted:
So you're saying, John, that even in meetings of the members (the owners), they may not make motions in your HOA? But it's their meeting.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kerry,

At our members meeting the members may not make motions to be voted on other then changes to the proposed minutes of the previous meeting. This is due to notice requirements.

They can make suggestions for the Board to follow up on, etc. but that is it.

Keep in mind that members within HOAs get to vote on limited things:

Approving of previous general membership meeting minutes
Election of Directors
Recall of Directors
Changes to CC&Rs, Articles of Incorporation and (typically) Bylaws
In some Associations, not all, they vote on the budget
In some Associations, not all, they vote on special assessments and increases in assessments beyond a certain amount.
In some Associations, not all, they vote on new capital components

To my knowledge, that is it. The rest of the decisions lay with the Board.
Due to notice requirements (at least within my Association) the members have to be aware of any vote - hence there are no motions the membership can make that require a vote (except amendments to the proposed minutes).
KerryL1 (California)
Posts: 14,550
Posted:
I should have written this more clearly. In CA, If an item is on the Members Meeting agenda, Owners may make a motion. They usually would be the kinds of things Tim lists.

There may be no motions made on Items that weren't on the posted notice & agenda of the meeting--any kind of meeting-- in any CA common interest developments. (In CA, this includes HOAs & condos)
HaleyH (Illinois)
Posts: 67
Posted:
Thank you all for your very informative responses.. I love this forum.
SueW6 (Michigan)
Posts: 814
Posted:
At our Annual Meeting, there was discussion and it was clear the members wanted a certain committee to be formed.

At the next Board meeting, a resident got up and reminded the board about the wishes of the residents.

The Board then voted to establish that committee.

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